Employee vs. Employer Contributions
It’s crucial to understand what portion of the account is subject to division. Employee salary deferrals are always part of the participant’s balance and are fully divisible. However, employer contributions—often made through profit-sharing—may be subject to a vesting schedule.
If your former spouse hasn’t met the full vesting schedule, a portion of the employer’s contributions may be forfeited upon separation. The QDRO should clearly state that only the vested portion of the employer contributions are to be divided, or it should define how forfeitures will be handled if unvested funds are claimed mistakenly.

